Comments on Security Council Resolution 1441 (Declaration of War)

Source: UNSCR 1441 was adopted by the Security Council at its 4644th meeting, on 8 November 2002 (full text)

The Security Council,

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Recognizing the threat Iraq's non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,

Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,

Iraq is presented as a threat to 'international peace and security', which justifies 'all necessary means' to restore it. It should be obvious to everyone that Iraq does not pose any threat not even to it's neighbors. The forces which systematically destabilize the region are the UN, U.S.A., U.K. and Israel.

Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,

UNSC Res 687 was forced upon Iraq to end the assault by the Coalition forces in 1991.

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Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,

Iraq is blamed for the failure of UNSCOM to do it's job as stated in the "Memorandum of Understanding" of May 1996. Iraq would cooperate with UNSCOM/IAEA and the UN would ease or end the sanctions. UNSCOM did not work to ever finish but was used instead to spy on Iraq. Even the official UNSCOM reports clearly reveal their fraudulent behavior and intent. There was no effort on the side of UNSCOM to ever settle differences in good faith, apply any reasonable approach and close the file to open the way to end the sanctions. Finally, in order to wage the massive bombing campaign of December 1998, the U.S. would advise UNSCOM to leave Iraq.

Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,

There is no war without a group of missing. Iraq repeatedly offered Kuwait help to account for those missing Kuwaitis and has its own list of missing to resolve. The call to 'end repression of its civilian population' is outrageous given the hundreds of thousands of dead Iraqi people due to the UN sanctions and numerous violations of Iraqi airspace with hundreds of bombing raids during all those years. 'provide access by international humanitarian organizations to all those in need' is just another violation of Iraqi sovereignty. Iraq shall not be allowed to decide with which organizations they want to cooperate in what way. Moreover, this is part of the ongoing effort to blame the Iraqi government for the suffering caused by the sanctions.

Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,

Determined to ensure full and immediate compliance by Iraq without conditions or restrictions ...

More threats. Always trying to force Iraqi compliance with all those completely unacceptable and unjust UNSC resolutions and provisions. None of those have any moral legitimacy because they are nothing but the dictate of the Great Powers imposed upon Iraq.

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Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighbouring States,

An empty phrase to please the Arab League and particularly Syria. UN control of Iraqi trade and revenues, 'no-fly-zones' and frequent bombing raids, the UN protectorate in northern Iraq, all these 'unconditional, immediate and unrestricted' access and rights for the enemies of Iraq does not reflect any respect for either the sovereignty or the territorial integrity of Iraq.

1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq's failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);

UNSCR 687 para 8 to 13 is the involuntary weapons control regime imposed upon Iraq.

2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime ...

The 'final opportunity' talk. The UN already lost all its opportunities to present itself as anything else but a tool of the Great Powers. The UNSC is something like a permanent Berlin Conference, deviding the riches of the world.

5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, ..., as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC's or the IAEA's choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; ...

UNMOVIC/IAEA have the right to kidnap any Iraqi together with his/her family, deport them to wherever and intimidate and mistreat them with impunity. All of that 'at their sole discretion' and denying supervision by Iraqi observers. Moreover, they still demand 'immediate, unimpeded, unconditional, and unrestricted access to any and all' without having to justify their actions and without any conditions regarding privacy and integrity of the people affected.

7. ...

- Security of UNMOVIC and IAEA facilities shall be ensured by sufficient United Nations security guards;

More foreign agents and military personnel not under Iraqi jurisdiction.

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- UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance vehicles;

Iraq by use of force is denied to fly freely within its own territory. But those UN criminals shall fly 'free and unresticted' with whatever and wherever they want.

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- UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and

In 1996 UNSCOM closed and later destroyed the only facility within Iraq producing vaccine for the prevention of Foot-and-Mouth Disease(FMD). Meanwhile the Committee 661 (Oil-for-Food) denied imports of the vaccine. A few years later, in 1998, widespread FMD disease would kill half a million animals, which are an important source of wealth for Iraqi people.

- UNMOVIC and the IAEA shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment, materials, or documents taken during inspections, without search of UNMOVIC or IAEA personnel or official or personal baggage;

UNMOVIC/IAEA personnel have 'immediate, unimpeded, unconditional, and unrestricted access to any and all' locations and facilities, take away items 'at their sole discretion', and carry it out of the country without being searched by Iraqi border personnel. You can't have a better invitation to steal and smuggle. How many historical artefacts and other collectors items will they get? Corruption and personal enrichment will be the name of the game. And best of all, the costs of the sanctions and involutary weapons control regime are deducted from the Iraqi escrow account in New York.

12. Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security;

13. Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;

No need for another UNSCR to escalate the conflict. It would be foolish to put any hope in the UN.